Leistungen A-Z

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no

Financial companies as well as organisers and brokers of games of chance (obligated parties pursuant to Section 2 (1) Nos. 6 and 15 AMLA) must appoint a money laundering officer at management level and a deputy.

The appointment and discharge of the money laundering officer and his or her deputy must be notified to the supervisory authority in advance.

In Brandenburg, the obligation specifically concerns:

• Financial companies within the meaning of Section 1 (24) AMLA,
• Bookmakers within the meaning of Section 2 (1) of the Racing Betting Lottery Act (RennwLottG),
• Casinos
• betting shops,
• the acceptance points within the meaning of § 3 paragraph 5 of the State Treaty on Gambling, insofar as they offer the sports bet Oddset,
• Organizers of online gambling (virtual slot machine games and online poker) within the meaning of §§ 22a and 22b State Treaty on Gambling 2021
   

Money laundering officers are responsible for compliance with money laundering regulations and are directly subordinate to the Executive Board.

The responsibility of the management level still exists.

The most important tasks of an anti-money laundering officer include, among other things, that:

• You are the contact person for the law enforcement authorities, the Central Office for Financial Transaction Investigations (FIU) and the supervisory authority, which check compliance with due diligence obligations.
• You are responsible for carrying out and updating the risk analysis, designing internal security measures and monitoring compliance with due diligence obligations in the company.
• You submit suspicious activity reports to the Central Office for Financial Transaction Investigations (FIU) or respond to requests for information from these bodies.

Obligated persons under the Money Laundering Act

Only natural or legal persons who are obligated under the AMLA are entitled to notify.

Authorized representatives

Whistleblowers must be members of the company's management level or internal or external anti-money laundering officers.

Registered office in Germany

The money laundering officers or the deputies must carry out their activities in Germany.

Personal reliability and qualification

The anti-money laundering officers and the deputies must prove the required personal reliability and professional qualifications.

Notification of appointment or discharge of a money laundering officer or a money laundering officer and the deputy

Proof of display authorization

• Proof of the appointment of a money laundering officer or a money laundering officer, or
• Proof that the person making the report is a member of the company's management level (e.g. extract from the commercial register or shareholders' agreement).
• If applicable, current excerpt from the commercial register

Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities in the process of being established (GmbH, AG) submit the articles of association or articles of association.

The supervisory authority reserves the right to request information on the qualifications of the relevant employees (e.g. overview of their professional career, proof of participation in anti-money laundering training events, etc.) as well as their reliability (e.g. in the form of information from the Federal Central Register or, if applicable, from the Central Trade Register).

As an obligated company, you notify the supervisory authority in advance of the appointment or discharge of a money laundering officer and his or her deputy.

Then your report will be checked by the competent authority.

If the person does not have the necessary qualifications or reliability, the appointment as money laundering officer or money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed.

The notification must be made before the order is placed.

There is no deadline, i.e. the notification can also be made at very short notice. The notification is intended to give the authority the opportunity to verify the qualifications and reliability of the newly appointed money laundering officer and/or deputy and, if necessary, to object to the appointment in a timely manner.

The dismissal ("dismissal") of the money laundering officer and/or the deputy must also be notified to the authority in advance.

Financial companies, insurance intermediaries, service providers for companies and for trust assets or trustees, real estate agents, goods dealers (§ 2 para. 1 nos. 6, 8, 13, 14, 16 AMLA):

Ministry of Economic Affairs, Labour and Energy of the State of Brandenburg

Heinrich-Mann-Allee 107,

14473 Potsdam

Phone: +49 (0) 331 866 -1778 or +49 (0) 331 866 -1735

FAX: +49 (0) 331 866 1583

Mail: geldwaesche@mwae.brandenburg.de

Gambling (§ 2 para. 1 no. 15 AMLA):

Ministry of the Interior and Local Government

of the State of Brandenburg

Henning-von-Tresckow-Straße 9 – 13

14467 Potsdam

Phone: +49 (0) 331 866 -2221

Gluecksspielaufsicht@mik.brandenburg.de

Bookmakers, totalizers (§ 2 para. 1 no. 15 AMLA):

Ministry of Agriculture, Environment and Climate Action
Henning-von-Tresckow-Str. 2-13, House S
14467 Potsdam

Phone: +49 (0) 331 866-7001

https://mluk.brandenburg.de

Section 7 (1) of the Money Laundering Act (AMLA) for orders

Section 7 (4) of the Money Laundering Act (AMLA) for notification of the order and discharge of obligations

• Section 7 (4) sentence 1 of the Anti-Money Laundering Act (AMLA)

• Prevention of money laundering - Interpretation and application notes on the Money Laundering Act (AMLA)

Ministry of Economic Affairs, Labour and Energy of the State of Brandenburg